Regulation 33 Commencement of the contract allocation processF2I1
England, Wales and Scotland
Where the delivery body determines that all applications made further to an allocation round are qualifying applications (whether under regulation 17 or following any non-qualification review under regulation 20), the delivery body must commence the contract allocation process as soon as reasonably practicable after the date of the last notice given under regulation 19, or as the case may be, last non-qualification review notice.
Where a notice is given under—
regulation 32(1) that no review notice has been received, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body gives the notice;
regulation 32(3) that no qualification appeal has been received, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body receives the notice;
regulation 32(5) or (7) which states that no qualification appeal is not determined, the delivery body must commence the contract allocation process as soon as practicable after the date on which the delivery body receives the notice;
regulation 32(9) which states that at least one qualification appeal is not determined, the delivery body must not commence the contract allocation process unless the delivery body receives a notice under paragraph (2).
The Secretary of State may give a notice to the delivery body which directs the delivery body to commence the contract allocation process on the date stated in the notice (“the directed date”), which must be a date after the appeals deadline date.
Where a notice is given under paragraph (2), the Secretary of State may withdraw it by giving a notice to that effect to the delivery body at any time before the directed date.
A copy of a notice given under paragraph (2) or (3) must be given by the Secretary of State to the Authority.
Where—
before the directed date a qualification appeal is determined; and
the application subject to the qualification appeal is determined as a qualifying application,
the Authority must immediately give a notice to the Secretary of State and the delivery body stating details of that qualifying application.
Where further to this regulation the delivery body must commence the contract allocation process, the delivery body must give a notice to the CFD counterparty which states—
when the contract allocation process has commenced; and
which qualification appeals are not determined at that date.
Annotations
Textual amendments
- F1
Reg. 33(A1) inserted (25.6.2021) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/758), regs. 1(1), 24
- F2
Words in reg. 33 substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 36
Commencement
- I1
Reg. 33 in force at 1.8.2014, see reg. 1(1)
Notes on Part 5
Textual amendments
- F1
Pt. 5 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 30
Notes on Chapter 3
Textual amendments
- F1
Words in Pt. 5 Ch. 3 heading substituted (13.6.2024) by The Contracts for Difference (Sustainable Industry Rewards) Regulations 2024 (S.I. 2024/710), regs. 1(1), 34